What is bail bonds and how does it work?

First we need to understand what bail is. Bail is money given to the court as a pledge or guarantee that a person charged with a crime will not run but will face his accusers in court at the proper time. A judge sets the amount of bail for the temporary release of the accused from police custody or jail based on certain factors.

Factors like the possibility of the accused running away or committing another crime while on bail or the accused person’s standing in the community are taken into account by the judge in assigning the bail amount. In certain heinous crimes, like murder, bail is often denied.

The amount of bail is often set beyond the financial ability of the accused, but the amount is never unreasonably too big. For example, bail for a crime in Orange County with a 3-year prison team is set at $20,000. If the accused is financially capable of obtaining the entire amount, they can post the bail themselves. However, if the accused is not capable, they can hire the services of a bail bond company or bail agent.

The role of the bail agent is to act as surety for the accused who is not able to post bail. It is a legal arrangement whereby the bail agent steps in to assure the court that in the event the accused does not show up on further court proceedings (jump bail) pertaining to their case, the company will forfeit the bail money they posted. This is carried out through a contract which the accused person enters in with the bail bond company.

The bail bond company usually charges 10-20% of the bail as the contract price. This means that for bail set at $20,000, the contract price is from $2,000-4,000. A third party, a guarantor, also enters into the contract as surety for the accused to the bail bond company. In the event that the bail bond company forfeits the bail in favor of the court, the guarantor agrees to pay the company the forfeited.

The bail bond company, however, has another option. They can hire the services of bounty hunters or bail recovery agents. Bounty hunters are hired by the bail bond company to find the defendant who jumped bail. These bounty hunters are highly trained and skilled professionals who often have backgrounds in criminal investigation and law enforcement. Bounty hunters are also trained in some form of martial arts or self-defense since hunting for fugitives from the law can result in dangerous encounters. The reason why accused criminals jump bail is to escape from prosecution and a certain prison term. Bounty hunters sometimes need the use of physical force to subdue these fugitives. The bail bond company usually pays bounty hunters a 10-20% share of the bail.

Bail bond agents often monitor defendants and set up regular meetings with them to ensure their appearance in court on the designated days. If the defendant abides by the conditions of the contract and appears in court for the trial, the court returns the money to the bail bond company.